This Consignment Stock Agreement is designed for use in Australian business operations where one party wishes to place goods with another party for sale while maintaining ownership until final sale to customers. It is particularly suitable for businesses seeking to expand their distribution network without requiring distributors to purchase stock upfront. The agreement comprehensively addresses requirements under Australian law, including the Personal Property Securities Act 2009 (Cth), and includes provisions for stock management, sale procedures, commission structures, and reporting requirements. It's commonly used in retail, wholesale, and manufacturing sectors, providing flexibility for seasonal goods, new market entry, or specialized product distribution. The document includes specific provisions for Australian GST treatment and state-specific commercial requirements.
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1. Parties: Identification of the consignor and consignee, including full legal names, ABNs, and registered addresses
2. Background: Context of the agreement, including the nature of the business relationship and general purpose of the consignment arrangement
3. Definitions and Interpretation: Key terms used in the agreement, including 'Consigned Goods', 'Consignment Period', 'Sale Proceeds', etc., and rules for interpreting the agreement
4. Appointment and Scope: Formal appointment of consignee, territory/location restrictions, and exclusivity provisions if any
5. Ownership and Risk: Clear statement that title remains with consignor until sale, risk allocation, and PPSA considerations
6. Delivery and Storage: Arrangements for delivery, storage requirements, and handling of consigned goods
7. Stock Management: Inventory control, stock rotation, minimum/maximum stock levels, and reporting requirements
8. Sale of Goods: Pricing policies, sales procedures, and handling of proceeds
9. Commission and Payment: Commission structure, payment terms, and reconciliation processes
10. Reporting and Records: Required reports, frequency, format, and record-keeping obligations
11. Insurance: Required insurance coverage, responsibility for premiums, and claims procedures
12. Term and Termination: Duration of agreement, renewal provisions, and termination rights
13. Post-Termination: Procedures for handling remaining stock and final reconciliation
14. General Provisions: Standard clauses including notices, governing law, dispute resolution, and entire agreement
1. Security Deposit: Required when consignor requires financial security from consignee
2. Marketing and Promotion: Include when parties share marketing responsibilities or costs
3. Quality Control: Necessary for goods requiring specific handling or quality standards
4. Returns and Damaged Goods: Include detailed procedures when dealing with high-value or sensitive goods
5. Intellectual Property: Required when branding or IP rights are significant to the arrangement
6. Non-Competition: Include when protecting against competitive activities is crucial
7. Data Protection: Required when handling customer data or personal information
8. Force Majeure: Include when specific events beyond parties' control need to be addressed
1. Schedule 1 - Consigned Goods: Detailed list of products, including specifications, SKUs, and pricing
2. Schedule 2 - Commission Structure: Detailed commission rates, tiers, and calculation methods
3. Schedule 3 - Operating Procedures: Specific procedures for handling, storing, and selling consigned goods
4. Schedule 4 - Reporting Templates: Standard forms for inventory reports, sales reports, and reconciliations
5. Schedule 5 - Service Levels: Performance metrics and standards for both parties
6. Schedule 6 - Insurance Requirements: Specific insurance types and coverage levels required
7. Appendix A - Storage Facility Requirements: Specifications for storage facilities and handling equipment
8. Appendix B - Key Contacts: List of key personnel and their roles for both parties
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